Councilmember Gardiner
asked that the item regarding Adoption of Ordinance No. 368 Adopting the
Abalone Cove Sewer Maintenance Fee and Informal Bid and the item regarding
the Pre-Ordering of HDPE and RCP Pipe for the San Ramon Drainage and Landslide
Stabilization Project be removed from the Consent Calendar for discussion
before the item regarding Pre-Ordering of Drainage Pipe for Immediate
Storm Drain Repairs near Palos Verdes Drive South and Peppertree Drive.

Lois Larue, 3136 Barkentine
Road, spoke about the Cityís investment policy and the Minutes of July
3.

ADOPTED ORDINANCE
NO. 366 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO ADOPT AN
AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE
17 OF THE CITYíS MUNICIPAL CODE. (This ordinance was introduced on July
17.)

Notice of Completion
for the Palos Verdes Drive East and Bronco Drive Storm Drain Project

(1) Approved a second
and final Change Order in the amount of $59,272. (2) Accepted the work
as complete. (3) Authorized the City Clerk to record the Notice of Completion
with the County Recorder; and if no claims are filed 35 days after the
recordation, notify the surety company to exonerate the Payment and Performance
Bonds. (4) Authorized the Director of Public Works to release the 10%
retention payment to Excel Paving 35 days after recordation of the Notice
of Completion by the County Recorder contingent on no claims being filed
on the project.

Professional Services
Agreement with Willdan for Temporary Professional Planning Services

Reviewed and approved
the proposed Professional Services Agreement between the City and Willdan
for temporary planning staffing for the Planning, Building and Code Enforcement
Department, and authorized the Mayor and the City Clerk to sign the agreement.

Resol. No. 2001-53
- Register of Demands

ADOPTED RESOLUTION
NO. 2001-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH
THE SAME ARE TO BE PAID.

The motion to approve
the Consent Calendar carried on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

ABSTAIN: Ferraro
on the Minutes of July 17 because she absent from that meeting.

# # # # # # # # # # # #

PUBLIC HEARING:

Adopt Ordinance
No. 365 Amending Animal Control Ordinance

Mayor Lyon opened
the public hearing on this request to Adopt Ordinance No. 365. City Clerk
Purcell announced that notice had been duly published and that there were
no written comments received by the City.

City Manager Evanspresented the staff report of August 7, 2001 and the recommendation
toadopt the proposed ordinance adopting by reference Title 10,
Animals, of the Los Angeles County Code and amending Chapter 6.04 of the
Rancho Palos Verdes Municipal Code.

Council discussion
centered on the 50% license fee increase which might be significant to
some residents; changes to the procedure which required that a "Vicious
Dog" appeal be handled by a court instead of by the City Managerís
Office; who would pay for legal fees when a matter goes to court; the
Countyís requirement that the City accept all provisions of its code to
allow uniform enforcement by their representatives in all cities it services
for animal control; and, the need for a simple pamphlet, possibly with
a flow chart, to clearly explain the procedure to residents.

There being no response
to the Mayorís call for testimony, she declared the hearing closed.

Informal Bid and Pre-Ordering
of HDPE and RCP Pipe for the San Ramon Drainage and Landslide Stabilization
Project

Staff recommendation
was to review and reconfirm by a four-fifths vote, the Councilís previous
action on July 17, 2001, to authorize staff to conduct an informal bid
process and pre-order HDPE and RCP drainage pipe for the San Ramon Drainage
and Landslide Stabilization Project.

Council discussion
focused on the advantage of purchasing the pipe for this project along
with the pipe for the Immediate Storm Drain Repairs near Palos Verdes
Drive South and Peppertree Drive even though the items would be discussed
and approved separately.

Councilmember Gardiner
moved, seconded by Mayor Pro Tem McTaggart, to reconfirm by a four-fifths
vote, the Councilís previous action on July 17, 2001, to authorize staff
to conduct an informal bid process and pre-order HDPE and RCP drainage
pipe for the San Ramon Drainage and Landslide Stabilization Project.

Director Allison presented
the staff report of August 7, 2001 and the recommendation to

(1) Find that an emergency
exists which will not permit a delay resulting from a competitive solicitation
for bids, and that the following actions are necessary to respond to the
emergency. (2) Authorize staff to conduct an informal bid process and
pre-order HDPE drainage pipe for an estimated cost of $35,000. (3) Adopt
the proposed resolution Amending Resolution No. 2001-43, the Budget Appropriation
for Fiscal Year 2001-2002, for a Budget Adjustment to the Cityís Capital
Improvement Projects Fund.

Council discussion
centered on the discovery of this problem during an inspection, revegetation
and road repairs necessary because of the repairs; alternative types of
pipes and the reasons for selecting the material being purchased; and,
a suggestion that a blanket purchase order be prepared in the hope of
stabilizing a price for future pipe purchases.

Councilwoman Ferraro
moved, seconded by Mayor Pro Tem McTaggart, to (1) Find that an emergency
exists which will not permit a delay resulting from a competitive solicitation
for bids, and that the actions taken below are necessary to respond to
the emergency. (2) Authorize staff to conduct an informal bid process
and pre-order HDPE drainage pipe for an estimated cost of $35,000. (3)
ADOPT RESOLUTION NO. 2001-54, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2001-43, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2001-2002, FOR A BUDGET ADJUSTMENT TO THE
CITYíS CAPITAL IMPROVEMENT PROJECTS FUND.

The motion carried
on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Approve Process for
Handling "Border Issues"

City Manager Evans
presented the staff report of August 7, 2001 and the recommendation to
consider establishing a process for City Council involvement in issues
involving development, or other activities, proposed for adjacent communities
that may affect residents of Rancho Palos Verdes.

Council discussion
focused on the importance of considering cumulative impact of projects;
the concept of Council bringing up projects to be discussed rather than
staff because they are out in the community and talking to residents;
the suggestion to use maps to pinpoint project locations to indicate cumulative
impact; the influence of the Council to comment or change projects in
other jurisdictions and specific actions which can be taken; the need
to have written documentation of objection if the City wishes to file
a lawsuit later; the suggestion that a written procedure will be helpful
when the membership on the ad hoc committee changes; the reasons this
situation lends itself better to an ad hoc committee rather than a standing
committee;

City Attorney Lynch
indicated that it was sometimes hard to determine the status of a development
because it was not always clear if a Notice of Determination had been
recorded with the County.

April Sandell, 28026
Pontevedra Drive, expressed thanks to the Council for their interest,
and suggested that staff develop a checklist to indicate when constitutional
rights had been violated or laws broken and then bring those concerns
to the Councilís attention. She said that mixed-use projects were becoming
more common and development could not be stopped but safeguards could
be in place.

Don Shults, 2129 Velez
Drive, representing Rolling Hills Riviera Homeowners Association, expressed
his appreciation for the Councilís support and hoped that since the new
Mayor of the City of Los Angeles and the new Los Angeles City Councilmember
both live in San Pedro, they would be receptive to the problems being
investigated by the ad hoc committee. He said that cumulative impact was
very important and that it was critical to address problems in the early
stages of development.

Councilmember Gardiner
moved, seconded by Councilwoman Ferraro to: (1) Direct staff to establish
a process, which includes consideration of cumulative impact, for most
effective City Council involvement in issues involving development, or
other activities, proposed for adjacent communities that may affect residents
of Rancho Palos Verdes. (2) Direct staff to write a letter to the County
advising Supervisor Knabe that the County Community Development staff
is failing to notify adjoining property owners of pending projects.

Eric Paris, 27234
Stadia Hill Lane, described what he considered to be unacceptable behavior
at a recent Planning Commission meeting. He also said that he was told
that since Planning Commission minutes had been scanned onto the CDs that
hard copies were no longer available.

City Clerk Purcell
reported that hard copies were still available at City Hall.

Lois Larue, 3136 Barkentine
Road, reiterated her request that the Cityís GPS system be named the Lee
Byrd Global Positioning System because of his efforts in having Magnavox
donate the system to the City.

Discussion of November
6 General Municipal Election Ballot Measures

City Attorney Lynch
presented the staff report of August 7, 2001 and the recommendation to
take whatever action Council deemed necessary, including adoption of appropriate
resolutions. She also related the recent court decisions necessitating
this action.

Mayor Lyon stated
that even though Councilman Stern was not present he had verbally expressed
his wish to have these two measures appear on the ballot for the election
on November 6, 2001.

Council discussion
centered on the requirement to take this action because of a court decision;
the fact that these taxes had been in place since 1991 for the Transient
Occupancy Tax and for the Golf Tax since 1993 and that the election would
enable the people to ratify these taxes and remove the risk of litigation;
ratification by the residents was preferable to depending on a development
agreement; the printing cost to put these measures on the ballot; the
fact that a 10% hotel occupancy tax is fairly standard; that the Los Verdes
County golf course is exempt from the golf tax; and, the preference for
the word "ratify" instead of "validate" which was
used in the proposed resolutions.

City Attorney Lynch
clarified that the Council could request that the percentages for these
taxes be increased on the ballot but it was recommended that the voters
be asked to simply ratify the percentages already in place.

Councilwoman Ferraro
moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-55,
AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDERING THAT A PROPOSITION RELATED TO THE TRANSIENT OCCUPANCY
TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER
6, 2001

The motion carried
on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro
moved, seconded by Mayor Pro Tem McTaggart, to ADOPT RESOLUTION NO. 2001-56,
AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDERING THAT A PROPOSITION RELATED TO THE CITYíS GOLF TAX BE SUBMITTED
TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 6, 2001.

The motion carried
on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Council discussion
next centered on the additional resolutions to be adopted; suggestions
for clarification regarding the original dates and percentages of these
taxes; and, the lack of impact of Propositions 62 and 218 depending on
when the taxes were originally instituted.

Councilwoman Ferraro
moved, seconded by Mayor Pro Tem McTaggart, to ADOPT RESOLUTION NO. 2001-57,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE
NOVEMBER 6, 2001 GENERAL MUNICIPAL ELECTION.

The motion carried
on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro
moved, seconded by Councilmember Gardiner to ADOPT RESOLUTION NO. 2001-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

The motion carried
on the following roll call vote:

AYES: Ferraro,
Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro
moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

City Attorney Lynch
presented the staff report of August 7, 2001 and the recommendation to
introduce the proposed Ordinance Amending Chapter 3.16.030 of the Rancho
Palos Verdes Municipal Code Relating to a Transient Occupancy Tax. She
described minor changes to update the code and said that an urgency ordinance
was not necessary.

Adoption of an Ordinance
Making Minor Amendments to the Cityís Golf Tax

City Attorney Lynch
recommended that this item be continued to a future Council meeting.

CITY COUNCIL REPORTS:

Councilmember Gardiner
expressed appreciation to persons who gave their time to assist him in
gaining perspective; mentioned that he had meet with the Homeowners Association
Council; and, complimented the United States Naval Sea Cadets on their
flag ceremony.

Mayor Lyon reported
on her League of California Cities monthly dinner meeting and agreed it
was good to have participation by the youth of the community.

Mayor Pro Tem McTaggart
gave details of a meeting with Assemblymember Alan Lowenthal at which
a number of subjects of importance to the City were discussed.